Powers and duties
Parish councils have a variety of responsibilities: 'duties' the things that it must do and 'powers' the things that it can do. All these are laid down in various Acts of Parliament. A list of parish council powers and duties are shown below, each description is brief and is intended as a general indication only. Parish councils have few actual duties but they have a wide range of powers.
In addition, in any situation not covered by one of the specific powers described below parish councils may spend money on any purpose, which in its opinion is of direct benefit to all or part of its community. Like all powers given to public bodies the powers of local councils are defined in detailed legislation and these details may include a requirement to obtain the consent of another body before it can act.
Local councils must exercise their powers also subject to the provisions of the general law (for example planning permission is necessary for a sports pavilion).
The specific powers and duties available to the Parish Council cover:
| Item, Event or Area | Powers and Duties | Statutory Provisions |
|---|---|---|
| Allotments | Powers to provide allotments; Duty to provide allotment gardens if demanded unsatisfied | Small Holding & Allotments Act 1908, subsections 23, 26, & 42 |
| Baths and washhouses | Power to provide public baths and washhouses | Public Health At 1936, subsections 221-223 & 227 |
| Burial grounds, cemeteries and crematoria | Power to acquire and maintain, provide, to maintain monuments and memorials and to contribute towards expenses of cemeteries | Open Spaces Act 1906, subsections 9 and 10; Local Government Act 1972, section 214; Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970, section 1; Local Government Act 1972, section 214(6) |
| Bus shelters | Power to provide and maintain shelters | Local Government (Miscellaneous Provisions) Act 1953, section 4 |
| Bye laws | Power to make bye-laws in regard to pleasure grounds, cycle parks, baths and washhouses Open spaces and burial grounds Mortuaries and post-mortem rooms |
Public Health Act 1875, section 164; Road Traffic Regulation Act 1984, section 57(7); Public Health Act 1936, section 223; Open Spaces Act 1906, section 15; Public Health Act 1936, section 198 |
| Charities | Duty to receive accounts of parochial charities | Charities Act 1960, section 32 |
| Clocks | Power to provide public clocks | Parish Councils Act 1957, section 2 |
| Closed churchyards | Powers as to maintenance | Local Government Act 1972, section 215 |
| Commons and common pastures | Powers in relation to enclosure, as to regulation and management, and as to providing common pasture | Statutory Provisions: Enclosure Act 1845; Local Government Act 1894, section 8(4); Smallholdings and Allotments Act 1908, section 34 |
| Conference facilities | Power to provide and encourage the use of facilities | Local Government Act 1972, section 144 |
| Community centres | Power to provide and equip buildings for use of clubs having athletic, social or educational objectives | Local Government (Miscellaneous Provisions) Act 1976 section 19 |
| Crime prevention | Powers to spend money on various crime prevention measures | Local Government and Rating Act 1997, section 31 |
| Drainage | Power to deal with ponds and ditches | Public Health Act 1936, section 260 |
| Education | Right to appoint school governors | Education (No.2) Act 1986, section 4 |
| Entertainment and the arts | Provision of entertainment and support of the arts | Local Government Act 1972, section 145 |
| Gifts | Power to accept | Local Government Act 1972, section 139 |
| Highways | Power to repair and maintain public footpaths and bridle-ways Power to light roads and public places Provision of litter bins Power to provide parking places for vehicles, bicycles and motor-cycles Power to enter into agreement as to dedication and widening Power to provide roadside seats and shelters, and omnibus shelters Consent of parish council required for ending maintenance of highway at public expense, or for stopping up or diversion of highway Power to complain to district council as to protection of rights of way and roadside wastes Power to provide traffic signs and other notices Power to plant trees etc. and to maintain roadside verges |
Highways Act 1980, subsections 43 and 50; Parish Councils Act 1957, section 3; Highways Act 1980, section 301; Litter Act 1983, subsections 5 and 6; Road Traffic Regulation Act 1984, subsections 57 and 63; Highways Act 1980, subsections 30 and 72; Parish Councils Act 1957, section 1; Highways Act 1980, subsections 47 and 116; Highways Act 1980, section 130; Road Traffic Regulation Act 1984, section 72; Highways Act 1980, section 96 |
| Investments | Power to participate in schemes of collective investment | Trustee Investments Act 1961, section 11 |
| Land | Power to acquire by agreement, to appropriate, to dispose ofPower to accept gifts of land | Local Government Act 1972, subsections 124, 126 and 127; Local government Act 1972, section 139 |
| Litter | Provision of receptacles | Litter Act 1983, subsections 5 and 6 |
| Lotteries | Powers to promote | Lotteries and Amusements Act 1976, section 7 |
| Mortuaries and post mortem rooms | Powers to provide mortuaries and post mortem rooms | Public Health Act 1936, section 198 |
| Nuisances | Power to deal with offensive ditches | Public Health Act 1936, section 260 |
| Open spaces | Power to acquire land and maintain | Public health Act 1875, section 164; Open Spaces Act 1906, subsections 9 and 10 |
| Parish property and documents | Powers to direct as to their custody | Local Government Act 1972, section 226 |
| Postal and telecommunications facilities | Power to pay the Post Office, British Telecommunications or any other public telecommunications operator any loss sustained providing post or telegraph office or telecommunication facilities | Post Office Act 1953, section 51; Telecommunications Act 1984, section 97 |
| Public buildings and village hall | Power to provide buildings for offices and for public meetings and assemblies | Local Government Act 1972, section 133 |
| Public conveniences | Power to provide | Public Health Act 1936, section 87 |
| Recreation | Power to acquire land for or to provide recreation grounds, public walks, pleasure grounds and open spaces and to manage and control them Power to provide gymnasiums, playing fields, holiday camps Provision of boating pools |
Public Health Act 1875, section 164; Local Government Act 1972, Sched.14 para.27; Public Health Acts Amendment Act 1890 section 44; Open Spaces Act 1906, subsections 9 and 10; Local Government (Miscellaneous Provisions) Act 1976, section 19; Public Health Act 1961, section 54 |
| Town and country planning | Right to be notified of planning applications | Town and Country Planning Act 1990, Sched.1, para.8 |
| Tourism | Power to contribute to organisations encouraging visitors | Local Government Act 1972, section 144 |
| Traffic calming | Powers to contribute financially to traffic calming schemes | Local Government and Rating Act 1997, section 30 |
| Transport | Powers to spend money on community transport schemes | Local Government and Rating Act 1997, section 26-2 |
| War memorials | Power to maintain, repairs, protect and adapt war memorials | War Memorials (Local Authorities’ Powers) Act 1923, section 1; as extended by Local Government Act 1948, section 133 |
| Water supply | Power to utilise well, spring or stream and to provide facilities for obtaining water therefrom | Public Health Act 1936, section 125 |